United States of America v. Orrin Eugene Hernandez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ORRIN EUGENE HERNANDEZ,
Defendant - Appellant.
No. 11-30235
D.C. No. 4:11-cr-00003-SEH
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Sam E. Haddon, District Judge, Presiding
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Orrin Eugene Hernandez appeals from the 37-month sentence imposed
following his guilty-plea conviction for assault resulting in serious bodily injury, in
violation of 18 U.S.C. §§ 1153(a) and 113(a)(6). We have jurisdiction under
FILED
MAY 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-30235 2
28 U.S.C. § 1291, and we affirm.
Hernandez contends that the district court erred in imposing a two-level
vulnerable victim enhancement. The district court did not abuse its discretion in
imposing the enhancement. See U.S.S.G. § 3A1.1(b); United States v. Rising Sun,
522 F.3d 989, 993 (9th Cir. 2008) (imposition of vulnerable victim enhancement is
reviewed for abuse of discretion); United States v. Weischedel, 201 F.3d 1250,
1254-55 (9th Cir. 2000) (to determine vulnerability, the court examines “personal
traits of the victims and the specific circumstances in which the victims found
themselves when the crimes were committed, and ask[s] whether there were any
characteristics or circumstances that made the victims particularly susceptible to
the crime”).
AFFIRMED.

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